August 24, 2016
Ms. JoAnne Florez c/o Annemarie Bhandari
4415 Salisbury Park Dr.
East Meadow, NY 11554
(516) 489-0835
Re: PeopleClaim.com 1429044-107668; Our Dealer: TLC Floor Covering(“TLC”)
Ms. Florez:
We acknowledge the receipt of the above referenced PeopleClaim.com claim and take your claim very seriously. We are disappointed, however, that you are not satisfied with our product and would like to address your claim as best as we can. Please understand that we receive very few complaints and even fewer claims as we manufacture and sell high quality flooring products.
We have reviewed and investigated your claim and would like to provide the following observations and conclusions:
1. Chronology of Events.
• July 2015 357.6 ft² of Decoria TK-T110 vinyl planks (the “Product”) was installed.
• August 2015 TLC received complaint about adhesive residue collecting dirt and Shawn of TLC was sent to clean the glue marks, thereby completing initial maintenance.
• October 2015 TLC was contacted with report of scuff marks appearing on flooring, a common result of increased coefficient of friction due to meeting ADA slip resistance properties for flooring and considered ordinary wear. Flooring was again inspected, found to be sound in product and installation, scuff marks were removed and installation was cleaned again.
• February 2016 Another product inspection occurred after receiving another complaint about white marks from scuffing, and our representative, Joe Manno, accompanied Gregg Genova, proprietor of TLC to inspect the installation. No evidence of scuffing or scratching was found, and speculated refraction from lighting is making it appear as though white spots are on the floor.
• March 2016 TLC received another complaint from consumer, contacted Adore Floors, who supplied sample sized quantities of Flooring Detergent and Scuff Mark Remover free of charge, which was then supplied to consumer at no charge.
• June 2016 TLC received another consumer complaint regarding white spots, same as previous instances, and consumer threatened legal action if she is not supplied with a new floor.
• August 2016 Gregg of TLC recommended the consumer obtain independent inspection to demonstrate a defect with the flooring or installation. Message was left for Matthew Lee from Ms. Annemarie Bhandari regarding a claim situation. As a result of which we have taken another look at the claim because we care about our customers and end-users.
2. Responses to Specific Allegations.
• You alleged that we failed to honor promises (Relating to warranty)
We provide an excellent warranty. It covers the end-user against manufacturing defects. Common examples of manufacturing defects are curling, delamination, or incorrect visuals, none of which appears to be the case in your situation. The problem that was reported was the appearance of white spots, which was determined to be a side effect of light refraction angle and no defect was found in floor covering. Thus, your allegation is completely unfounded.
Please see our warranty, which we have included at the end of this response and can also be found on our website.
• You alleged that we engage in bad business practices
We conduct our business with care, concern and loyalty for our customers. Having said that, please note that we do not sell directly to the public or consumer. Therefore, we are confident that we did not sell you directly the Product. We also know that we did not provide installation of the Product, which is only available to consumers and end-users through our retail dealers. Our claims procedures require an end-user to file a claim through their supplier or installer, which was not done in your case. It is our understanding that TLC already said that there is no defect with the Product. You have simply failed to follow the prescribed claims procedures and are making unreasonable assertion of bad business practice when you have also failed to show any defects of the Product which are covered under our warranty. Thus, your allegation is completely unfounded.
• You alleged that there is problem with a service
We do not offer installation service of any of our products and are not the retailer who sold you the Product. We are responsible only pursuant to our warranty. So, please note that we have gone out of our way to listen to and assist you by sending out a representative to inspect your installation. Upon arrival, he noticed it was clear there was no issue with the Product itself. This is in addition to TLC’s own investigation and determination that there is no product defect. You, as the homeowner, are responsible for maintenance of the Product. Thus, your allegation is completely unfounded.
• You alleged that there is problem with the Product
There is no defect with the Product. You have presented no evidence of any defect that is covered under our warranty. Additionally, under no circumstances are we responsible for entire value of your purchase from your retailer/installer and/or for installation under our warranty. Thus, your allegation is completely unfounded.
• You alleged that you were given customer service runarounds
Please note that we will continue to do what we can to assist you but only if you are able to provide evidence of defects in the Product. Short of it, there is nothing we can do for you. You must address your concerns with your retailer/installer. Thus, your allegation is completely unfounded.
3. Conclusions.
We find your claim completely frivolous for the following reasons:
a. We, as manufacturer, are responsible only under our warranty. And, you have failed to show that your claim is covered under our warranty.
b. Investigations of our staff and TLC clearly show that there is no defect with the Product.
c. Your claim for the full value of the purchase of the Product and installation against a manufacturer is completely groundless both under the warranty and in fact.
Very truly yours,
Matt Lee
Director of Operations